Arizona State Court Discovery Interrogatories

ARIZONA STATE COURT DISCOVERY INTERROGATORIES

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

[________________________________],

Plaintiff,

v.

Case No.: [________________________________]

Assigned Judge: Hon. [________________________________]

[________________________________],

Defendant.

PLAINTIFF'S FIRST SET OF NON-UNIFORM INTERROGATORIES TO DEFENDANT

ATTORNEY INFORMATION

TABLE OF CONTENTS

1. Introductory Statement and Authority
2. Discovery Tier Designation
3. Definitions
4. Instructions
5. General Interrogatories (Nos. 1-20)
6. Case-Specific Interrogatories
7. Verification / Oath
8. Certificate of Service
9. Practice Notes
10. Sources and References

I. INTRODUCTORY STATEMENT AND AUTHORITY

Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, hereby propounds the following Non-Uniform Interrogatories upon Defendant, [________________________________] ("Defendant"), pursuant to Rule 33 of the Arizona Rules of Civil Procedure ("Ariz. R. Civ. P.").

Response Deadline. Pursuant to Ariz. R. Civ. P. 33(b)(2), Defendant must serve written answers and any objections within thirty (30) days after service of these Interrogatories. If these Interrogatories are served concurrently with the summons and complaint, Defendant shall have sixty (60) days after service or execution of a waiver of service to respond. See Ariz. R. Civ. P. 33(b)(2).

Interrogatory Limit. The number of non-uniform interrogatories permitted in this action is governed by the tiered discovery limits established in Ariz. R. Civ. P. 26.2(f). The applicable tier and corresponding interrogatory limit are set forth below. Each discrete subpart of an interrogatory counts as a separate interrogatory for purposes of the numerical limit, except that a uniform interrogatory and its subparts count as a single interrogatory. See Ariz. R. Civ. P. 33(a).

Continuing Obligation. These Interrogatories are continuing in nature. Defendant must seasonably supplement and amend responses as required by Ariz. R. Civ. P. 26(e) whenever additional or corrective information becomes available.

II. DISCOVERY TIER DESIGNATION

Pursuant to Ariz. R. Civ. P. 26.2, this action falls within the following discovery tier (check one):

☐ Tier 1 — Amount in controversy does not exceed $50,000. Discovery limits: 5 interrogatories, 5 requests for production, 10 requests for admission, 5 hours of fact depositions, 120 days for discovery.

☐ Tier 2 — Amount in controversy exceeds $50,000 but does not exceed $300,000. Discovery limits: 10 interrogatories, 10 requests for production, 10 requests for admission, 15 hours of fact depositions, 180 days for discovery.

☐ Tier 3 — Amount in controversy exceeds $300,000. Discovery limits: 20 interrogatories, 10 requests for production, 20 requests for admission, 30 hours of fact depositions, 240 days for discovery.

☐ Court order or stipulation modifying discovery limits. Describe: [________________________________]

The total number of non-uniform interrogatories propounded herein, including all discrete subparts, is [____], which does not exceed the applicable limit for the designated tier.

III. DEFINITIONS

For purposes of these Interrogatories, the following terms shall have the meanings set forth below. Defined terms apply regardless of capitalization:

A. "Action" means the above-captioned lawsuit pending in the Superior Court of Arizona, County of [________________________________].

B. "Communication" means any oral, written, or electronic transmission of information, including but not limited to letters, memoranda, emails, text messages, instant messages, social media posts or messages, voicemails, telephone calls, video conferences, and face-to-face conversations.

C. "Concerning," "Relating to," or "Regarding" means directly or indirectly mentioning, referencing, describing, reflecting, evidencing, constituting, or in any way pertaining to the identified subject matter.

D. "Document" has the broadest meaning permitted under Ariz. R. Civ. P. 34(a) and includes all writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information ("ESI"), and other data or data compilations stored in any medium from which information can be obtained.

E. "Identify" or "State the Identity of" means:

• (i) For a natural person: state full legal name, all known aliases, present or last-known residential address, telephone number, email address, current employer, job title, and relationship to any party in this Action;
• (ii) For a business entity: state the full legal name, form of organization (corporation, LLC, partnership, etc.), state of formation, principal place of business address, and the identity of the individual(s) most knowledgeable about the subject matter;
• (iii) For a document: state the title or description, date, author(s), recipient(s), type (e.g., email, letter, report), Bates number (if applicable), and present custodian or location.

F. "Incident" means the events, occurrences, transactions, or omissions giving rise to this litigation as described in the Complaint filed on [__/__/____].

G. "Person" means any natural person, corporation, limited liability company, partnership, joint venture, association, governmental entity, or any other legal or business entity.

H. "You," "Your," or "Defendant" means [________________________________], together with all present and former officers, directors, managing members, employees, agents, representatives, insurers, attorneys, experts, subsidiaries, affiliates, predecessors, successors, and any other Person acting or purporting to act on behalf of Defendant.

IV. INSTRUCTIONS

1. Answering Under Oath. Each Interrogatory must be answered separately and fully, in writing, under oath, by the party to whom it is directed or by an officer or agent authorized to answer on behalf of a corporate or organizational party. See Ariz. R. Civ. P. 33(b)(1)-(2).

2. Verification Required. Arizona requires the responding party — not merely counsel — to sign and verify interrogatory answers. See Ariz. R. Civ. P. 33(b)(2). An unsworn declaration under A.R.S. § 12-2291 may be used in lieu of notarization.

3. Form of Answers. Each answer must restate the full text of the corresponding Interrogatory immediately before the answer. Ariz. R. Civ. P. 33(b)(3).

4. Objections. All objections must be stated with specificity. Boilerplate or generalized objections are insufficient. If an Interrogatory is objectionable in part, Defendant must answer the non-objectionable portion and state the specific grounds for partial objection. See Ariz. R. Civ. P. 33(b)(4).

5. Privilege Log. If any responsive information is withheld on the basis of attorney-client privilege, work-product doctrine, or any other privilege or protection, Defendant must provide a privilege log in compliance with Ariz. R. Civ. P. 26(b)(6)(A), identifying: (a) the nature and subject matter of the withheld information; (b) the specific privilege or protection asserted; and (c) sufficient detail to enable Plaintiff and the Court to assess the propriety of the claim.

6. Supplementation. These Interrogatories are continuing in nature. Defendant must promptly supplement any response that was incomplete or incorrect when made, or that becomes incomplete or incorrect due to subsequently acquired information. See Ariz. R. Civ. P. 26(e).

7. Option to Produce Business Records. Where the answer to an Interrogatory may be derived or ascertained from business records and the burden of deriving the answer is substantially the same for either party, Defendant may specify the records from which the answer may be derived and afford Plaintiff a reasonable opportunity to examine and copy such records. See Ariz. R. Civ. P. 33(d).

8. Rules of Construction. The singular includes the plural and vice versa. The masculine, feminine, and neuter genders include each other. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the Interrogatory all responsive information. "Including" means "including but not limited to."

9. Time Period. Unless otherwise specified, each Interrogatory covers the period from [__/__/____] through the date of Defendant's response.

10. Meet and Confer. Before filing any motion to compel or for protective order, counsel must engage in a good-faith personal consultation as required by Ariz. R. Civ. P. 37(d)(2).

V. GENERAL INTERROGATORIES

INTERROGATORY NO. 1: Identification of Responding Party

State Your full legal name, all other names or aliases used during the past ten (10) years, date of birth, current residential address, current business address, all telephone numbers, and all email addresses used during the past five (5) years.

INTERROGATORY NO. 2: Persons Assisting in Preparation

Identify every Person who assisted, in whole or in part, in preparing the answers to these Interrogatories, and for each such Person, describe the subject matter of his or her assistance.

INTERROGATORY NO. 3: Fact Witnesses

Identify every Person whom You believe has knowledge of any fact relevant to any claim or defense in this Action, and for each such Person, describe the subject matter of his or her knowledge.

INTERROGATORY NO. 4: Factual Basis of Defenses

State the complete factual basis for each affirmative defense asserted in Your Answer, identifying all Documents and witnesses that support each stated fact.

INTERROGATORY NO. 5: Factual Basis of Denials

For each material allegation in the Complaint that You denied in Your Answer, state the factual and legal basis for Your denial, and identify all Documents and witnesses supporting Your position.

INTERROGATORY NO. 6: Description of Incident

Describe in detail Your version of the Incident, including the date, time, location, sequence of events, all Persons present, all actions taken, and all conditions or circumstances You believe are relevant.

INTERROGATORY NO. 7: Statements and Recordings

Identify all statements (oral, written, or recorded) obtained by You or on Your behalf from any Person concerning the Incident or any issue in this Action, and for each, state: (a) the date of the statement; (b) the identity of the Person who made it; (c) the identity of the Person who took or recorded it; (d) the substance of the statement; and (e) the present custodian and location of any recording or transcription.

INTERROGATORY NO. 8: Insurance Coverage

Identify all insurance policies, excess or umbrella policies, or self-insured retention arrangements under which any insurer may be liable to satisfy all or part of a judgment in this Action or to indemnify or reimburse You for payments made to satisfy such judgment, as required by Ariz. R. Civ. P. 26(b)(2). For each, state: (a) the insurer's name and address; (b) the policy number; (c) the type of coverage; (d) the effective dates; (e) the limits of liability; (f) any applicable deductibles or self-insured retentions; and (g) any reservation-of-rights positions taken by the insurer.

INTERROGATORY NO. 9: Expert Witnesses

Identify each expert witness You have retained, specifically consulted, or expect to call at trial, and for each, provide: (a) full name, address, and professional qualifications; (b) the subject matter on which the expert is expected to testify; (c) the substance of the facts and opinions to which the expert is expected to testify; (d) a summary of the grounds for each opinion; and (e) compensation arrangements. See Ariz. R. Civ. P. 26(b)(5).

INTERROGATORY NO. 10: Prior Litigation

Identify every lawsuit, claim, arbitration, or administrative proceeding within the last ten (10) years in which You have been a party involving claims or facts similar to those alleged in this Action. For each, state: (a) the case caption; (b) the court or agency; (c) the docket or case number; (d) the nature of the claims; and (e) the disposition or current status.

INTERROGATORY NO. 11: Damages Claimed

If You assert any counterclaim or seek damages of any kind, itemize and describe each category of damages claimed, including: (a) the amount claimed in each category; (b) the method of calculation; and (c) the identity of all Documents and witnesses supporting each category.

INTERROGATORY NO. 12: Mitigation of Damages

If You contend that Plaintiff failed to mitigate damages, state all facts supporting that contention, identify all Documents and witnesses supporting Your position, and explain the specific steps You contend Plaintiff should have taken.

INTERROGATORY NO. 13: Third-Party Fault

If You contend that any Person other than Yourself caused or contributed to the damages alleged by Plaintiff, identify each such Person and describe the factual and legal basis for that contention, including the percentage of fault You attribute to each. See A.R.S. § 12-2506 (several liability).

INTERROGATORY NO. 14: Communications with Plaintiff

Identify all Communications between You and Plaintiff (or Plaintiff's agents or representatives) Concerning the subject matter of this Action, and for each Communication, state: (a) the date; (b) the participants; (c) the medium (e.g., email, phone, in-person); and (d) the substance of the Communication.

INTERROGATORY NO. 15: Document Preservation

Describe all efforts undertaken by You to identify, preserve, and collect Documents and ESI relevant to this Action, including: (a) the date any litigation hold was issued; (b) the Person(s) responsible for overseeing preservation; (c) the scope of the hold; (d) the categories of data sources preserved; and (e) whether any potentially responsive information has been lost, destroyed, or deleted, and if so, the circumstances.

INTERROGATORY NO. 16: Investigations

Identify all investigations conducted by You or on Your behalf concerning the Incident or any claim or defense in this Action, and for each, state: (a) the investigator's identity; (b) the dates of investigation; (c) the scope of the investigation; and (d) the conclusions or findings (to the extent not privileged).

INTERROGATORY NO. 17: Photographs and Media

Identify all photographs, videos, audio recordings, surveillance footage, or other media recordings relating to the Incident, any party, or any issue in this Action. For each, state: (a) the date created; (b) the creator or source; (c) the subject matter; and (d) the present custodian or location.

INTERROGATORY NO. 18: Remedial Measures

Describe any repairs, modifications, changes in policy or procedure, or other remedial measures taken by You after the Incident that relate to any issue in this Action. For each, identify: (a) the date performed; (b) the nature of the measure; (c) the Person(s) who authorized or performed it; and (d) all Documents relating to the measure.

INTERROGATORY NO. 19: Safety Policies and Procedures

Describe all safety policies, procedures, protocols, training programs, or compliance manuals that were in effect at the time of the Incident and that are relevant to any claim or defense in this Action. Identify all Documents embodying such policies, the date each was adopted, and any amendments made within two (2) years before or after the Incident.

INTERROGATORY NO. 20: Basis for Liability Denial

If You deny liability in whole or in part, state the precise legal and factual bases for such denial, identify all Documents and witnesses supporting Your position, and specify each legal theory upon which You rely.

VI. CASE-SPECIFIC INTERROGATORIES

The following blank interrogatories are provided for attorney customization. Ensure the total number of interrogatories, including all discrete subparts, does not exceed the applicable tiered limit under Ariz. R. Civ. P. 26.2(f).

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

VII. VERIFICATION / OATH

Instructions to Responding Party: Arizona Rule of Civil Procedure 33(b)(2) requires that interrogatory answers be signed under oath by the party — not solely by counsel. You may use either a notarized jurat or an unsworn declaration under A.R.S. § 12-2291.

Option A: Unsworn Declaration (A.R.S. § 12-2291)

I, [________________________________], declare under penalty of perjury under the laws of the State of Arizona that I am the ☐ individual party / ☐ [________________________________] (title/position) of [________________________________] (entity name); that I have read the foregoing Answers to Interrogatories and know the contents thereof; and that the answers are true, correct, and complete to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [________________________________], Arizona.

Signature: [________________________________]

Printed Name: [________________________________]

Title/Position (if entity): [________________________________]

Option B: Notarized Verification

STATE OF ARIZONA

COUNTY OF [________________________________]

I, [________________________________], being first duly sworn, depose and state that I have read the foregoing Answers to Interrogatories and that the answers are true, correct, and complete to the best of my knowledge, information, and belief.

Signature: [________________________________]

Printed Name: [________________________________]

SUBSCRIBED AND SWORN TO before me this [____] day of [________________________________], 20[____].

Notary Public: [________________________________]

My Commission Expires: [__/__/____]

VIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing Plaintiff's First Set of Non-Uniform Interrogatories to Defendant upon all counsel of record and unrepresented parties via the method(s) indicated below, in accordance with Ariz. R. Civ. P. 5(c):

Method of Service:

☐ AZTurboCourt / Electronic Filing and Service

☐ Email (by written agreement of the parties)

☐ First-Class United States Mail, postage prepaid

☐ Hand Delivery

☐ Certified Mail, Return Receipt Requested

☐ Other: [________________________________]

Served Upon:

Signature: [________________________________]

[________________________________]
Attorney for Plaintiff
[________________________________] (Firm)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
State Bar No. [________________________________]

IX. PRACTICE NOTES

1. Tier Verification. Confirm the applicable discovery tier under Ariz. R. Civ. P. 26.2 before serving interrogatories. The tier is typically designated in the Joint Report filed under Rule 26.1. If no tier has been designated, confer with opposing counsel and, if necessary, seek a court determination.

2. Uniform vs. Non-Uniform Interrogatories. Arizona distinguishes between Uniform Interrogatories (published by the Arizona Judicial Council) and Non-Uniform Interrogatories drafted by counsel. A uniform interrogatory and all its subparts count as one interrogatory; each non-uniform interrogatory subpart counts separately. See Ariz. R. Civ. P. 33(a).

3. County-Specific E-Filing. Most Arizona Superior Court counties require electronic filing and service through AZTurboCourt. Confirm the e-filing requirements for the assigned county before service.

4. Modification of Limits. If additional interrogatories are needed beyond the tier limit, counsel may seek a stipulation under Ariz. R. Civ. P. 29 or file a motion demonstrating good cause under Rule 26.2(e).

5. Response Deadline Calculation. Compute the response deadline under Ariz. R. Civ. P. 6(a). If service is by mail, add applicable mailing time under Rule 6(e). Calendar the deadline immediately upon service.

6. Motion to Compel. If Defendant fails to timely respond or provides evasive or incomplete answers, Plaintiff may file a motion to compel under Ariz. R. Civ. P. 37(a) after completing the required meet-and-confer process under Rule 37(d)(2).

7. Sanctions. Failure to serve timely, complete, and verified responses may result in sanctions under Ariz. R. Civ. P. 37(b), (c), and (d), including striking pleadings, precluding evidence, awarding attorney fees, or entering default judgment.

8. Coordinating Discovery. Consider serving interrogatories in conjunction with requests for production (Rule 34) and requests for admission (Rule 36) to maximize discovery efficiency within the tier limits.

9. Proportionality. Discovery must be proportional to the needs of the case under Ariz. R. Civ. P. 26(b)(1)(A). Consider the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, and the burden and expense of the proposed discovery.

X. SOURCES AND REFERENCES

• Arizona Rules of Civil Procedure, Rules 5, 6, 26, 26.1, 26.2, 29, 33, 34, 36, 37
• A.R.S. § 12-2291 (Unsworn Declarations Under Penalty of Perjury)
• A.R.S. § 12-2506 (Several Liability; Allocation of Fault)
• Arizona Judicial Council, Uniform Interrogatories (available at www.azcourts.gov)
• Pima County Superior Court, Tiering Information: https://www.sc.pima.gov/judges-courts/civil-court/tiering/
• AZTurboCourt Electronic Filing: https://www.azturbocourt.gov